Kyle Rittenhouse’s defense lawyers have filed a motion for a mistrial with prejudice for withholding evidence which is a Brady violation. The law states that the prosecution must supply the defense with all of the evidence gathered by the police or the DA’s office.
The prosecution used grainy footage from a drone in court to make it appear that Rittenhouse had chased Rosenbaum before Rosenbaum chased Rittenhouse, but the prosecution had withheld a high definition video that would not back up their contention.
The prosecution eventually handed over the video, but not until all of the testimony was finished. The defense team has requested that the judge declare a mistrial with prejudice. With prejudice means the prosecutors could not prosecute Rittenhouse again.
The judge will not rule on the motion at this time because the jury already has the case.
If he is found not guilty on all counts, the motion will be set aside because it would be moot. If he is found guilty on any of the charges, the judge will then have to consider it.
If he finds in favor of the motion, he will then decide if his decision is with or without prejudice.
If it is without prejudice, Rittenhouse could be tried again in any charge he was found guilty of. He cannot be retried for any charge they found him not guilty of. That would be double jeopardy.
He was chased and attacked by protesters and ended up fatally shooting two men and injuring a third. His attorneys argue he shot in self-defense.
Rittenhouse was charged with five felony charges and one misdemeanor charge. The most serious charge is intentional homicide, Wisconsin’s top murder charge, while the others are reckless homicide, attempted homicide, two counts of reckless endangerment, and being a minor illegally in possession of a firearm.
The firearm charged was dismissed by the judge on Monday, however. He was also charged with violating curfew, but that charge was dismissed by the judge last week. He has pled not guilty to all charges.
The jury heard closing arguments in the case on Monday, and as of early Wednesday morning, the jury was still out. A total of 18 jurors heard the case, and 12 will decide Rittenhouse’s fate.